Legal Question in Family Law in California

My ex husband had a dui in 2004, lost custody of his eldest son from a prior relationship in 2006, got a second dui in 2007, and was hospitalized in a mental hospital in 2007 as well for suicidal attempts. I filled for divorce december 2007. Shortly there after in 2008 he left the state and returned sometime around the holidays. In 2008 he had I believe 3 visits with the children one over night. There were issues that arrose, and the chilren started to become very fearful of him. CPS was later involved early 2009 and I was told that if I sent the children with him, I would be jeapordizing my childrens safety and my guardianship of my children. From that point forward I never sent the children again. In Nov 2009 I filled for child support, the case was heard and a support order was made March 2010. 2 weeks ago I was served with court docs. The childrens father is taking me to court requesting that he get full custody of the children. Since this has happend my children went into what I call a shut down mode. I imediately took them to see a doctor. They were diagnosed with post traumatic stress disorder. Does their father my ex husband, stand a chance of getting these children? I am terrofied of them being hurt again.


Asked on 9/24/10, 12:02 am

1 Answer from Attorneys

Even with a complete file and all the facts, it is hard to predict what a judge will do in a custody case. With just a bare outline of one side of the facts posted on the internet, it is impossible to guess. If you really want an opinion of likely outcomes, you must go see an attorney with all the relevant facts and reports.

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Answered on 9/29/10, 12:55 pm


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